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In the Matter of LUDWIG GEHM, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT, ARTICLE I-B PENSION FUND, et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The Board of Trustees denied the petitioner's application for an accident disability pension following a vote of six in favor and six against. Under such circumstances, the decision of the Board of Trustees must stand "[u]nless it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service-related accident" (Matter of Canfora v Board of Trustees, 60 N.Y.2d 347, 352; see also, Matter of McCambridge v McGuire, 62 N.Y.2d 563; Matter of Quill v Ward, 138 A.D.2d 305). Though the petitioner claims that his accident precipitated the development of the latent disabling condition (see generally, Matter of Tobin v Steisel, 64 N.Y.2d 254, 257; Matter of Whitton v Spinnato, 143 A.D.2d 274; Matter of Petrella v Board of Trustees, 141 A.D.2d 361; Matter of Wygand v Regan, 135 A.D.2d 1060), the record is equivocal in that regard. Therefore, it cannot be said as a matter of law that the petitioner sustained his burden of establishing a causal relation between the accident and his disabling condition. Accordingly, the Board of Trustees' determination was properly confirmed (see, Matter of Whitton v Spinnato, supra; Matter of Martucci v Fire Dept., 123 A.D.2d 630; Matter of Tarr v Board of Trustees, 98 A.D.2d 687). Kooper, J.P., Harwood, Rosenblatt and Miller, JJ., concur.

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MATTER OF GEHM v. BOARD OF TRUSTEES OF N.Y
(Feb 26, 1990)